IN THE HIGH COURT OF KARNATAKA
Dated this the 20th day of April 2017
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.100635/2017
W/o Gousmodinsab Banakar
Age: 50 years
Occ: Household work
(By Sri Patil M.H., Advocate)
The State of Karnataka
Through Hirekerur Police Station
Rep.by State Public Prosecutor
High Court of Karnataka
Bench at Dharwad
(By Sri Praveen K.Uppar, HCGP)
This petition is filed under Section 439 of Cr.P.C.
seeking to enlarge the petitioner on regular bail in
Hirekerur Police Station Crime No.22 of 2017
registered for the offences punishable under Section
498A, 307 r/w Section 149 of IPC and Section 3 and 4
of Dowry Prohibition Act.
This petition coming on for orders this day, the
Court, made the following:
This is the petition filed by petitioner/accused No.2
under Section 439 of the Cr.P.C., seeking to release her on
bail of the alleged offences punishable under Sections
498A, 307 r/w Section 149 of I.P.C. and Section 3 and 4 of
Dowry Prohibition Act registered in respondent/police
station Crime No.22/2017 and after the death of the
injured and as per the requisition by the police, an offence
under Section 304B of I.P.C. was inserted in the case.
2. Heard the arguments of learned counsel
appearing for the petitioner/accused No.2 and also learned
High Court Govt. Pleader for the respondent/state.
3. Perusing the averments made in the complaint
one Smt.Makbulbi filed the complaint alleging that her
daughter given in marriage to accused No.4/Abdulmajid
two years prior to the date of incident. The accused No.1 is
the father-in-law, accused Nos.2 and 3 are mother-in-laws,
accused Nos.5 and 6 are brother-in-laws of the deceased
Samshad. The allegation that all the accused persons ill-
treated the deceased alleging that they were insisting her
to bring additional dowry from her mother and the
complainant had met their demands 2-3 occasion. Even
they have not satisfied and continued their ill-treatment
both mental and physical to the deceased and on
05.02.2017 all the accused poured kerosene on the
deceased and lit fire to her. Immediately she was taken to
the hospital namely Meggan Hospital, Shivamogga for
higher treatment and this was not informed to the
complainant by the family members and she was informed
by one boy of native stating that her daughter was
admitted to Government Hospital for treatment of burn
injuries. Immediately the complainant visited the hospital
and she came to know about the incident and filed the
4. During the course of hearing of the petition, it
is brought to the notice of the Court that the matter still
under investigation and other accused persons yet to be
arrested in the case. Therefore, in view of the submission
at this stage, it is not proper to consider the bail petition
and to release petitioner/accused No.2. But however,
accused No.2 is at liberty to move the Court after
completion of investigation and filing of the charge sheet.
Accordingly, petition is hereby rejected.
All the contentions are kept open.